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(영문) 서울남부지방법원 2017.11.07 2017가단214743
소유권이전등록
Text

1. The Defendant terminated the consignment management contract as of April 5, 2017 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 6, 2014, the Plaintiff, a corporation running trucking transport business, etc., registered an automobile indicated in the separate sheet (hereinafter “instant automobile”) with the Defendant in the name of the Plaintiff, thereby allowing the Defendant to run the trucking transport business using the Plaintiff’s name of registration of trucking transport business, and the Defendant entered into an entrustment management agreement with the Defendant to pay the insurance premium, tax and public charges, and management expenses for the instant automobile every month.

B. However, from November 2016, the Defendant did not pay management expenses, administrative fines, etc., and the Plaintiff expressed his/her intention to terminate the said contract by serving a copy of the complaint of this case on the grounds of delinquency in payment of management expenses, etc. for more than three months. The duplicate of the complaint of this case was served on the Defendant on April 5, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 6, purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to register transfer of ownership from the Plaintiff on the instant motor vehicle on April 5, 2017, the delivery date of the copy of the complaint of this case, and the procedure for the registration of transfer of ownership on the ground of termination of the entrusted management contract.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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